Opinion
Opinion By: Jack Conway, Attorney General; Michelle D. Harrison, Assistant Attorney General
Open Records Decision
At issue in this appeal is whether the Jefferson Circuit Court Clerk - Division of Family Court violated the Kentucky Open Records Act in failing to respond upon receipt of Gary W. Tipton's written request(s) for all documentation relating to Case No. 04-D-500057-002. Because records in the custody of circuit court clerks are properly characterized as court records, which are not governed by the Open Records Act, rather than public records within the meaning of KRS 61.870(2), the Attorney General has consistently recognized that circuit court clerks are not subject to the provisions of the Open Records Act. Consequently, the Jefferson Circuit Court Clerk cannot be said to have violated the Act in failing to respond upon receipt of Mr. Tipton's request as would otherwise be required by KRS 61.880(1). In our view, 98-ORD-6, a copy of which is attached hereto and incorporated by reference, is controlling on the facts presented.
That being said, Tara Hagerty, Chief Deputy Clerk for Family Court, responded to Mr. Tipton's appeal upon receiving notification from this office, initially advising that Mr. Tipton "has not been denied access to any files or records held by the Office of the Jefferson Circuit Court Clerk. " Having outlined the procedural history of this matter, Ms. Hagerty further advises that the deputy clerk responsible for preparing appeals "processed and mailed the Judge's orders to Mr. Tipton and to the original petitioner in the Domestic Violence Order. That deputy clerk has also designated the record for appeal and mailed a copy of such to Mr. Tipton." On October 6, 2008, a deputy clerk spoke with someone at Eastern Kentucky Correctional Complex "and verified that the file that was sent was received." After the Office of the Circuit Court Clerk received an Order Expediting Appeal from the Commonwealth of Kentucky Court of Appeals, entered on September 29, 2008, "the deputy clerk responsible for copying and preparing files for appeals is in the process of doing such and will mail a complete copy of the designated record to Mr. Tipton upon its completion." In so doing, the Office of the Circuit Court Clerk, to its credit, exceeded its obligations under the Open Records Act; any issues related to records provided to Mr. Tipton would also be moot per 40 KAR 1:030, Section 6 if this appeal was not resolved on the basis of 98-ORD-6.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.